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MARINO v. COUNTY OF NASSAU

16 A.D.3d 628 (2005)

791 N.Y.S.2d 438

MICHAEL MARINO et al., Appellants, v. COUNTY OF NASSAU et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 2005.

Ordered that the order is affirmed, with costs.

The failure of a party to challenge the propriety of a notice for discovery and inspection pursuant to CPLR 3120 within the time prescribed by CPLR 3122 forecloses inquiry into the propriety of the information sought except with regard to material that is privileged pursuant to CPLR 3101 or requests that are palpably improper (see Otto v Triangle Aviation Servs., 258 A.D.2d 448

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